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PAN ASIAN AFRICAN COMPANY LTD
V.
NICON

(1982) JELR 49373 (SC)    

Supreme Court  ·  SC.12/1982 ·  10 Sep 1982 ·  Nigeria
 · 
Other Citations
(1982) All N.L.R 229 (1982) 9 S.C. 1
CORAM
GEORGE SODEINDE SOWEMIMO JSC CHUKWUNWEIKE IDIGBE JSC ANDREWS OTUTU OBASEKI JSC ANTHONY NNAEMEZIE ANIAGOLU JSC MUHAMMADU LAWAL UWAIS JSC

Ratio Decidendi

Core Terms Beta
appellants
tenant
law
premises
recovery of residential premises law
rent control
statement of claim
statutory tenant
limited liability company
tenancy agreement
federal court of appeal
recovery of premises law cap
expiration of the lease
consent of the landlord
learned trial judge
new tenancy agreement
possession of premises
recovery of residential premises law no.9
contractual tenancy
english law
former landlord
instant case
possession of the flat
rent edict
subject matter of the action
basis of the previous agreed rent
clear evidence
contemplation of our local law
decision of the federal court of appeal
favour of the plaintiff
final question
high court of lagos state holden
identical term
justices of the court of appeal
learned justices of the court of appeal
letter exhibit a
limited company
meaning of section
megarry rent acts test pages
opposite contention
pan asian african co. limited
provisions of the rent control
said decision
second paragraph of exhibit c
statutory notice of intention
subtenants of a residential accommodation
such provision
terms of the endorsement
whole tenor of the law

A. O. OBASEKI, JSC (Delivering the Leading Judgment): The Pan Asian African Co. Limited, hereinafter called the appellants, were defendants in suit No LD 322/78 instituted by the National Insurance Corporation (Nigeria) Limited hereinafter called respondents in the High Court of Lagos State holden in Lagos claiming in the terms of the endorsement on the writ of summons:

"(1) Possession of a flat occupied by the defendants, its servants or agents at 17, Raymond Njoku Street, South West, Ikoyi,Lagos.

(2) N9,000.00 mesne profits in respect of the same from 1st January, 1977.

Pleadings were settled, filed and exchanged by the parties and the issues joined went to trial before Oshodi, J. At the conclusion of the trial in which both parties adduced evidence, the learned trial judge delivered a considered judgment in favour of the plaintiff/respondent. On the claim for possession, the learned trial judge said:

"In my view, the defendant has no defence to the plaintiffs' claim for possession.…

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